Neutral Citation No. - 2025:AHC-LKO:35811 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 671 of 2025 Applicant :- Gulam Khan @ Mohammad Gulam Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vishwa Nath Singh,Shiv Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 80 of 2009 u/s 364 and 420 I.P.C., Police Station - Baundi, District Bahraich. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case on the basis of general allegations. 4. Learned counsel for the applicant submits that the FIR in question was lodged on 01.02.2009. Thereafter the final report was submitted by the investigating officer. A protest petition was filed which was treated as a police case and a summoning order was issued and thereafter petition was filed before this Court in which the said summoning order was set aside with a direction to pass fresh order. The learned court below passed fresh order for further investigation and investigation is still pending. It is also submitted that co-accused namely Muzammil Khan @ Muzammil has already been enlarged on anticipatory bail in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 578 of 2024 on 28.03.2024 (bail order is annexed as annexure 10) therefore application is also entitled for anticipatory bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant but does not dispute the fact that after investigation final report was submitted and presently further investigation is pending and the co accused Muzammil Khan alias Mujammil is already enlarged on anticipatory bail. 5. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant materials, as final report was submitted and co- accused Muzammil Khan alias Mujammil is already enlarged on anticipatory bail. Therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs.25,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. With above directions, the anticipatory bail application is allowed. Order Date :- 18.6.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench